Posted on 03/05/2023 10:06:22 AM PST by karpov
Last year, President Biden announced that he would cancel student-loan debts of up to $20,000 for millions of borrowers. While that policy had been under discussion since the first days of his administration, only after the announcement did the administration’s lawyers advance a legal justification for the action—that it came under the 2002 HEROES Act.
That law was passed to allow the Secretary of Education to waive or modify student debts for service members or others suffering financial hardships “as a result of wars, military operations or national emergencies.” Biden’s legal team came up with the argument that, since the law pertained to “emergencies” and the Covid pandemic had been deemed an emergency, the president was acting within his authority.
Many pointed out that the president himself had said that the Covid “emergency” was over and that, since the passage of the HEROES Act, Congress had declined to enact bills that would have directly dealt with student-loan cancellation. In short, the government’s argument was a gigantic stretch.
Biden’s loan-cancellation policy immediately came under attack, both because it is a bad idea policy-wise (as Jenna Robinson and I argue here) and because the president has no legal authority to do it (as Nebraska’s attorney general Mike Hilgers argues here).
Legal action commenced soon after the president made his announcement. The attorneys general of six states filed suit to block implementation of the plan. Also, two students who were ineligible for loan forgiveness sued, arguing that the administration had violated the Administrative Procedure Act by not following the law’s public notice and comment requirements before putting the executive order in place. (The two cases have been consolidated for argument.)
(Excerpt) Read more at jamesgmartin.center ...
Joe Biden simply wants to American taxpayers to pay his voter bribes.
Funding bills for military purposes are limited to two years maximum.
If the loan forgiveness remains, Biden/Dems get the credit.
If the loan forgiveness is struck down, the Republicans will get the blame.
Yep.
All those people not paying their loans are going to wage war and vote against the big bad Conservatives for stopping their free money.
Intentional. They know it wouldn’t pass.
Spending bills are supposed to originate in the House of Representatives. If the sitting Prez wants to poop money to pay off student loans, he can use his Ukraine payoff profits to fund the loan payoffs.
Yet even before that under the 2007 (George W. Bush) Public Service Loan Forgiveness Program the remaining debt of qualifying student loans are forgiven after 10 years of full time employment in government organizations at any level (federal, state, local, or tribal) or secular work in 501(c)(3) non-profits and some that are not 501(c)(3), all of which includes workers in teaching, non-partisan social work and public defenders, state-regulated child care, pre-kindergarten, Head Start. nurse practitioners, and who make their 120 on-time monthly payments in their repayment plan.
And "The congressional spending bill signed by President Donald Trump [2018] contained a nice surprise – relief for student loan borrowers who work in public service. "
To participate, you must be employed by a federal, state, local or tribal government organization, including the U.S. military; a nonprofit organization that is tax-exempt under Section 501(c)(3) of the Internal Revenue Code; or be a full-time AmeriCorps or Peace Corps volunteer. Nonprofits without 501(c)(3) status are still considered a qualifying employer if they offer one of the following public services: emergency management, military service, public safety, law enforcement, public interest law services, early childhood education, public service for individuals with disabilities and the elderly, public health, public library services, school library or other school-based services.
https://studentaid.gov/manage-loans/forgiveness-cancellation says,
Federal Pell Grant recipients may be eligible for up to $20,000 in debt relief, and other federal student loan borrowers may be eligible for up to $10,000 in debt relief. Forgiveness, cancellation, or discharge of your loan means that you are no longer required to repay some or all of your loan. Find out more using the links below...The terms forgiveness, cancellation, and discharge mean nearly the same thing, but they’re used in different ways. If you’re no longer required to make payments on your loans due to your job, this is generally called forgiveness or cancellation. If you’re no longer required to make payments on your loans due to other circumstances, such as a total and permanent disability or the closure of the school where you received your loans, this is generally called discharge.
If you are employed by a government or not-for-profit organization, you may be able to receive loan forgiveness under the Public Service Loan Forgiveness (PSLF) Program...If you teach full-time for five complete and consecutive academic years in a low-income elementary school, secondary school, or educational service agency, you may be eligible for forgiveness of up to $17,500 on your Direct Loan or FFEL Program loans.PSLF forgives the remaining balance on your Direct Loans after you have made 120 qualifying monthly payments under a qualifying repayment plan while working full-time for a qualifying employer.
If you are employed by a U.S. federal, state, local, or tribal government or not-for-profit organization, you might be eligible for the Public Service Loan Forgiveness Program. Keep reading to see whether you might qualify
If your school closes while you’re enrolled or soon after you withdraw, you may be eligible for discharge of your federal student loan.
You may be eligible to have all or a portion of your Perkins Loan canceled (based on your employment or volunteer service) or discharged (under certain conditions). This includes Perkins Loan Teacher Cancellation.
If you’re totally and permanently disabled, you may qualify for a discharge of your federal student loans and/or Teacher Education Assistance for College and Higher Education (TEACH) Grant service obligation.
Federal student loans will be discharged due to the death of the borrower or of the student on whose behalf a PLUS loan was taken out.
In some cases, you can have your federal student loan discharged after declaring bankruptcy. However, discharge in bankruptcy is not an automatic process.
You may be eligible for discharge of your federal student loans based on borrower defense to repayment if you took out the loans to attend a school and the school did something or failed to do something related to your loan or to the educational services that the loan was intended to pay for. The specific requirements to qualify for a borrower defense to repayment discharge vary depending on when you received your loan.
You might be eligible for a discharge of your federal student loan if your school falsely certified your eligibility to receive a loan.
If you withdrew from school and the school didn’t make a required return of loan funds to the loan servicer, you might be eligible for a discharge of the portion of your federal student loan(s) that the school failed to return.
Forgery Discharge Available for Direct Loans, as well as FFEL Program loans and Federal Perkins Loans held by the U.S. Department of Education.
Eligibility for Parent Borrowers As with loans made to students, a parent PLUS loan can be discharged if you die,
https://studentaid.gov/manage-loans/forgiveness-cancellation/public-service says.
Qualifying for PSLF
To qualify for PSLF, you must
be employed by a U.S. federal, state, local, or tribal government or not-for-profit organization (federal service includes U.S. military service);
work full-time for that agency or organization;
Of course. Like the arguments against Obama-care.
Well, we know what happened there and then.
Biden did not mean for this to become reality. It’s political posturing in election year
In my circle of friends, we call that the Indentured Servitude Loan Forgiveness program.
A slave by any other name would be as sweet?
Democrats didn't believe this argument when President Trump declared the border crisis a national "emergency" and then said he had the authority to divert funds to build the wall on the southern border.
-PJ
I have NEVER HEARD ANYONE ASK ABOUT FUTURE COLLEGE DEBTS...JUST THESE THAT HAVE BEEN INCURRED.
WHAT ABOUT NEXT YEARS STUDENT LOANS? FREEBIES FROM NOW ON???
And those people are almost certainly voting Democrat anyway. So it’s not a loss for the right.
The solution is for colleges and universities to pay off the loans they defrauded students to incur. They vastly overcharged for college and gave worthless college degrees in return.
The colleges and universities received the money and they have BILLIONS in endowments that can be used to repay the student loans which were a ripoff.
No forgiveness of those loans should be granted by the federal government !
No bankruptcy should be allowed to erase those loans.
All that does is shift the enormous cost to U.S. taxpayers, many of whom borrowed and PAID BACK THEIR OWN student loans.
Colleges defrauded the students and gave them nothing of value in return. Make the colleges pay !
I worked on the Internet for defense contractors after college.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.